A proposal for the creation of a Commission that is made up of 15 constituents – on an equal footing and ideally with experience in the field or related academic studies – is what was approved in a general way by the Constitutional Convention on the creation of the Commission on Human Rights and Reparation, which was promoted by the constituent of the 22th district. , Ruth Hurtado and her counterpart Andrés Cruz.
According to the document, the objective of this Commission will be the incorporation of norms, either in the permanent or transitional articles of the new Constitution, which provide for principles of international human rights law, and to the extent that the mandate of the Convention allows, the establishment of rules that guide a possible remedial action by the State.
In the case of reparation, it is proposed to apply to the following persons:
Persons who, on the occasion of the legitimate right to demonstrate, have been victims of physical or mental injury, mutilation, torture, unlawful coercion, humiliation, sexual violence and death by agents of the State in the context of the so-called “social outburst”.
Members of the Armed Forces and of Order and Public Security who, in the context of the so-called “social upheaval”, the result of complaints or complaints deducted by State bodies, including the National Institute of Human Rights, have been subject to criminal prosecution or dismissed from their posts by administrative decision, provided that the charges are ultimately dismissed by a final judicial decision.
Persons who, as a result of the State’s omission, have been affected in their physical or mental integrity, or significantly in their property, as a result of their uninterrupted residence in areas or areas of the city that have been permanently vandalized or subjected to destruction and violence in the context of the demonstrations that followed the so-called “social explosion”. It shall be the responsibility of the administrative authority to establish the areas to be declared “permanently vandalized or subject to destruction and violence” for the purposes of the foregoing.
Persons who, in the context of the conflicts of protest or rural violence affecting the Southern Macrozone (comprising the regions of La Araucanía, Los Lagos, Los Ríos and Biobío), have been victims of arbitrary criminal prosecution or of omission of the State duties of provision of order and public security with serious prejudice to their integrity or property.
To make reparation to the Mapuche and non-Mapuche communities (community in its broad sense) the illegal acts of any state organ.
Regarding the last points, the constituent for the 22ate district, Ruth Hurtado, representing La Araucanía, said that “it is very important to consider the victims of violence in the southern macrozone. They have been sided for many years and we must make a difference. We need to repair the damage, both to farmers and to the Mapuche communities themselves who have suffered illegal acts by any state organ.”
The document promoted by Ruth Hurtado, was signed by conventionals of Vamos Por Chile, among them, Luis Mayol, Angelica Tepper and Eduardo Cretton. In addition to the conventional ones of other lists such as Luis Barceló, Andrés Cruz, Rodrigo Logan and Helmuth Martínez.
